The criminal case is ongoing and Madison City School Superintendent Dee Fowler recently informed Nash, 59, that he would recommend Nash's termination at a hearing Aug. 8.

Nash's attorney petitioned a Madison County court to issue an injunction barring the hearing until the resolution of Nash's criminal case. But earlier this week Nash's attorneys withdrew that request, setting the stage for the resignation announcement which was made at last night's school board meeting, a board spokesman said this afternoon.

Nash had been on paid administrative leave since last July.

Under the terms of the settlement Nash will be eligible to receive his state retirement when he turns 60 and his school employment record will reflect Nash's retirement was voluntary and will be removed of any "negative information related to the matters made the subject of the proposed termination ..."

The criminal case stemmed from an alleged inappropriate relationship between Nash's son, an adult band volunteer, and a teen student. Nash was charged with failure to report child abuse stemming from that alleged relationship.

Nash's son, John Bradley Nash, 25, pleaded guilty in February to a federal charge of possession of child pornography and is scheduled to be sentenced in August.

The older Nash was placed on administrative leave with pay on July 5, 2012, according to the court filing.

His criminal case was set for trial on June 4 before District Court Judge Schuyler H. Richardson. Richardson agreed to close the trial to the public and press at the request of the father of the alleged victim of the child abuse.

The case proceeded behind closed doors for most of the morning, but Richardson reconsidered the closure decision at lunchtime and declared a mistrial.